Navigating the eviction process in California requires a careful understanding of state-specific laws and procedures. With some of the strongest tenant protections in the country, California’s eviction laws are designed to ensure fairness and accountability for both landlords and tenants. However, the process can be daunting, with its many steps and potential legal pitfalls. This article simplifies the California eviction process, breaking down each step into actionable, easy-to-understand sections. Whether you’re dealing with a tenant who has stopped paying rent, violated the lease, or who has remained in the property after the lease expired, understanding the correct legal procedures is important.

In this article, we’ll cover:

  • Valid reasons for eviction under California law.
  • How to serve notices and file an Unlawful Detainer lawsuit.
  • Recent legal updates and their impact on landlords.
  • Tips for avoiding common mistakes and protecting your rental investment.

By following these guidelines, landlords can confidently navigate the eviction process, comply with California’s laws, and minimize the risks associated with evictions.

Valid Reasons for Eviction Under California Law

In California, landlords must have a valid reason – often referred to as “just cause” to evict a tenant. The state’s tenant protection laws outline specific scenarios that qualify
as legitimate grounds for eviction. These reasons fall into two categories: at-fault evictions and no-fault evictions.

At-Fault Evictions

At-fault evictions occur when the tenant violates the lease agreement or engages in behavior that warrants eviction. Commonreasons include:

  • Non-Payment of Rent: Failure to pay rent on time is one of the most common reasons for eviction. California law typically requires landlords to serve a three-Day Notice to Pay Rent or Quit before proceeding with an eviction for non-payment.
  • Lease Violations: Tenants who breach their lease terms, such as having unauthorized pets, exceeding occupancy limits, or failing to maintain the property, may be evicted. A Three-Day Notice to Cure or Quit is often used in these cases.
  • Illegal Activities: Engaging in illegal activities on the rental property, such as drug-related offenses or other criminal behavior, is grounds for immediate eviction. In these cases, landlords may issue an Unconditional three-Day Notice to Quit.
  • Property Damage: Intentional or severe damage to the rental property beyond normal wear and tear can result in eviction.
  • Nuisance or Repeated Violations: Tenants who repeatedly violate lease terms or create significant disturbances for neighbors may also face eviction.

No-Fault Evictions

No-fault evictions occur when the landlord needs to recover possession of the property for reasons unrelated to tenant behavior. These situations require landlords to comply with additional regulations, such
as relocation assistance in some cases. Common reasons include:

  • Owner Move-In: The landlord or an immediate family member intends to occupy the unit as their primary residence.
  • Withdrawal from the Rental Market: Under the Ellis Act, landlords can remove a property from the rental market entirely, subject to strict compliance with local and state laws.
  • Substantial Remodeling: If significant repairs or renovations make it unfeasible for the tenant to remain, landlords may issue a no-fault eviction notice.
  • Government Orders: Evictions may be required to comply with a government order related to habitability or other safety concerns.

Just Cause Protections

California’s Tenant Protection Act of 2019 requires landlords to provide “just cause” for evictions after a tenant has lived in a rental property for 12 months or longer. Additionally, rent-controlled areas like Los Angeles and San Francisco often impose stricter rules, including enhanced protections for tenants facing eviction.

By understanding these valid reasons for eviction, landlords can ensure they act within the boundaries of the law, reducing the risk of disputes or legal complications.

Recent Legal Updates

California’s eviction laws continue to evolve, reflecting the state’s commitment to tenant protections and procedural fairness. Staying updated on these changes is critical for landlords to ensure compliance and avoid potential legal complications.

Assembly Bill 2347 (2025): Effective January 1, 2025, AB 2347 extended the period tenants have to respond to an Unlawful Detainer lawsuit from five business days to 10 business days. This additional time requires landlords to account for longer timelines in the eviction process and reinforces the importance of proper documentation and communication.

Senate Bill 567 (2024): Enacted April 1, 2024, SB 567 introduced more stringent criteria for no-fault evictions, such as owner move-ins and substantial remodels. Landlords must now provide additional documentation to justify these actions. The bill also increased relocation assistance requirements for no-fault evictions, ensuring displaced tenants are fairly compensated.

COVID-19 Protections Update: While many emergency protections have expired, certain cities and counties in California still enforce localized eviction moratoriums or tenant protections for pandemic-related hardships. Landlords should verify local ordinances before proceeding with evictions.

Rent Control and Just Cause Ordinances: Several cities, including Los Angeles and San Francisco, have introduced additional rent control and eviction protections. These include stricter “just cause” rules and limits on rent increases.

Key Takeaways for Landlords

  • Plan for Extended Timelines: Factor in the longer tenant response period and any additional requirements for no-fault evictions.
  • Double-Check Local Laws: Some cities have stricter rules than the state, so it’s essential to stay informed about local ordinances.
  • Consult Legal Experts: Given the complexity of California’s landlord-tenant laws, professional legal advice can help navigate recent changes and ensure compliance.

By staying updated on these legal developments, landlords can better prepare for potential challenges and avoid costly missteps in the eviction process.

Documentation and Evidence

Thorough documentation is essential throughout the eviction process. Proper records not only strengthen the landlord’s case in court but also protect against potential disputes or claims by the tenant.

Courts in California place significant weight on clear, accurate, and detailed evidence when making decisions in eviction cases. Accurate and detailed records can help landlords present a strong case in court; protect against tenant defenses, such as claims of retaliation or discrimination; and reduce the risk of case dismissal due to insufficient evidence.

Serving an Eviction Notice in California

The eviction process in California starts with a legally compliant eviction notice. This notice informs the tenant of the landlord’s intent to end the tenancy and provides an opportunity to address the issue or vacate the property. Serving the notice correctly is a critical step, as any errors can lead to delays or dismissal of the case.

Types of Eviction Notices

Landlords must use the appropriate notice based upon the circumstances:

  • Three-Day Notice to Pay Rent or Quit: Used when a tenant has failed to pay rent on time. This notice gives the tenant three days to either pay the overdue amount or vacate the property.
  • Three-Day Notice to Cure or Quit: Applicable when tenants violate lease terms in a way that can be corrected, such as unauthorized pets, excessive noise, or unauthorized occupants. The notice allows tenants three days to resolve the issue or leave.
  • Three-Day Unconditional Quit Notice: Issued for severe violations, such as illegal activity, property damage, or repeated nuisance behavior. This notice requires tenants to vacate immediately without the option to cure the violation.
  • 30-Day or 60-Day Notice to Vacate: Used for no-fault evictions, depending on the length of the tenant’s occupancy. Tenants who have lived in the property for less than a year must receive a 30-day notice, while those with over 12 months of tenancy are entitled to 60 days.

How to Serve the Notice

Proper service of the eviction notice is crucial. Landlords or their representatives must follow one of the methods approved under California law:

  • Personal Service: Hand-delivering the notice directly to the tenant is the most reliable and preferred method.
  • Substituted Service: If the tenant is unavailable, the notice can be left with a responsible household member aged 18 or older. A copy must also be mailed to the tenant’s address.
  • Posting and Mailing: If personal or substituted service is not possible, the notice can be posted in a conspicuous place on the property (e.g., the front door) and a copy mailed to the tenant. This method typically requires court permission.

Common Mistakes to Avoid

  • Incorrect Type of Notice: Using the wrong type of notice can invalidate the eviction process.
  • Missing or Incorrect Details: Ensure all required information is included and accurate.
  • Improper Service: Failure to serve the notice in compliance with California law can result in delays or case dismissal.

Serving an eviction notice correctly sets the foundation for a smooth eviction process. Any missteps here can lead to costly delays or legal setbacks, so it’s essential to get it right.

Unlawful Detainer Lawsuit

If the tenant fails to comply with the eviction notice by either resolving the issue or vacating the property within the specified timeframe, the next step is to file an Unlawful Detainer lawsuit.

This legal action seeks the court’s help in regaining possession of the property. To initiate the lawsuit, landlords must file the following forms with the appropriate court.

  • Complaint: Outlines the reasons for the eviction and the relief sought (e.g., possession of the property, unpaid rent, or damages).
  • Summons: Notifies the tenant of the lawsuit and provides details about the case, including deadlines to respond.
  • Civil Case Cover Sheet: Required by most California courts to provide an overview of the case type.

The lawsuit must be filed in the Superior Court of the county where the rental property is located. Many courts now allow online filing, which can expedite the process.

Once the lawsuit is filed, the court will assign a case number and schedule a hearing date. The timeline for the hearing depends on court availability but is generally expedited for eviction cases.

After filing the complaint, landlords must serve the legal paperwork to the tenant. Proper service is essential to ensure the case proceeds without delays.

Tenants typically have ten business days to respond under California law, extended from five business days by recent legislation (AB 2347).

Common Mistakes to Avoid

  • Incomplete or Incorrect Forms: Ensure all forms are filled out accurately and completely.
  • Filing in the Wrong Jurisdiction: The lawsuit must be filed in the county where the property is located.
  • Skipping the Notice Step: Filing the complaint without first serving the proper eviction notice can result in case dismissal.

Filing an Unlawful Detainer lawsuit is a critical step in the eviction process. Attention to detail and adherence to legal requirements can help landlords avoid delays or dismissals.

Court Proceedings

Once the Unlawful Detainer lawsuit is filed and the tenant has been served, the court proceedings begin. This stage determines whether the landlord has legal grounds to regain possession of the property. Tenants have 10 business days from the date they were served to file a response with the court. This period was recently extended from five business days under AB 2347.

Response Options for Tenants:

  • File an Answer: The tenant disputes the claims and provides a defense.
  • File a Motion to Quash: The tenant challenges the service of the eviction notice or the Summons and Complaint.
  • Take No Action: Failure to respond may result in a default judgment in favor of the landlord.

If the tenant fails to respond, the landlord can request a default judgment to expedite the eviction process. If the tenant files a response, the court will set a date for a hearing or trial.

The Hearing or Trial

Hearings are typically scheduled within 20 days after the tenant›s response is filed, though this may vary depending on court availability. Both parties will have an opportunity to present evidence and testimony. Landlords should provide documentation such as the lease agreement, notices served, proof of service, and records of tenant violations or unpaid rent. Tenants may present defenses such as procedural errors, retaliation claims, or habitability issues.

Common Defenses Tenants May Use

  • Improper Notice: Claiming the notice was not served or drafted correctly.
  • Retaliatory Eviction: Alleging the eviction is in response to a complaint or legal action taken by the tenant.
  • Breach of Warranty of Habitability: Asserting that the property was uninhabitable, and the landlord failed to address the issue.

If the landlord wins, the court will issue a Judgment of Possession, allowing the landlord to proceed with obtaining a Writ of Possession. The tenant may also be ordered to pay unpaid rent, court costs, or attorney fees (if allowed under the lease agreement.

If the tenant wins, the court will dismiss the case, and the tenant will retain possession of the property. The landlord may be ordered to cover the tenant’s court costs in some cases.

Court proceedings are a critical step in the eviction process. Proper preparation and understanding of legal procedures can significantly improve a landlord’s chances of success.

Post-Judgment Process

If the court rules in favor of the landlord, the next step is to enforce the judgment and regain possession of the rental property. This stage involves obtaining a Writ of Possession and coordinating with law enforcement to remove the tenant if they do not vacate voluntarily.

Obtaining a Writ of Possession

A Writ of Possession is a court order that authorizes law enforcement to carry out the eviction and return possession of the property to the landlord. Landlords must file a request for the writ with the court after receiving a Judgment of Possession. Filing fees for the writ typically range from $25 to $40. The court may issue the writ on the same day or within a few days, depending on the county.

Serving the Writ

The sheriff or marshal serves the tenant with a Notice to Vacate, which gives the tenant five days to leave the property voluntarily. If the tenant does not vacate within five days, the sheriff will schedule a physical eviction and forcibly remove the tenant. The landlord is typically notified in advance of the scheduled eviction date to coordinate access to the property.

Handling Tenant Belongings

California law has specific rules for dealing with personal property left behind by tenants. Landlords are required to store abandoned property safely and provide written notice to the tenant, detailing how they can retrieve their belongings. If the tenant does not claim their items within a specified period (typically 18 days), landlords may sell, donate, or dispose of the property. Proceeds from any sale must first cover storage costs, with remaining funds sent to the tenant.

Tenant Appeals & Stays of Execution

Tenants can request a Stay of Execution to delay eviction, typically for up to 40 days. Courts may grant this if tenants provide valid reasons and agree to pay rent during the extended stay. Tenants may also appeal the court’s decision, but this is uncommon and generally requires strong evidence of procedural errors or legal violations during the trial.

Final Steps for Landlord to Regain Possession

Once the tenant vacates, the landlord regains legal possession of the property. The landlord should conduct a thorough inspection to document the property’s condition and address any necessary repairs before re-renting.

The post-judgment process marks the final stage of the eviction. By adhering to legal requirements and coordinating with law enforcement, landlords can ensure a smooth transition back to possession of their rental property.

Conclusion

Navigating the California eviction process requires careful attention to legal procedures, timelines, and tenant protections. From serving the correct notices to filing an Unlawful Detainer lawsuit and enforcing a court judgment, every step must be executed with precision to avoid costly delays or dismissals.

By understanding valid reasons for eviction, staying updated on recent legal changes, and maintaining thorough documentation, landlords can protect their investments while complying with California’s strict eviction laws. Additionally, avoiding common mistakes – such as mishandling notices or attempting self-help evictions – can streamline the process and minimize risks.

While evictions are often a last resort, proper preparation and adherence to legal requirements empower landlords and property managers to resolve disputes efficiently and regain control of the property.

Reprinted with permission from DoorLoop. DoorLoop provides software for the property management industry.